Complexities Of A Florida Truck Accident Claim (2026)

Challenges in Florida Truck Accident Cases

While every case is different, most involve these key challenges.

Severity of Truck Accident Injuries

Statistically, truck accidents tend to occur less often than passenger vehicle crashes. Large trucks are involved in 1.3 fatal accidents per 100 million vehicle miles traveled (VMT), compared to 1.6 fatal accidents per 100 million VMT for passenger vehicles.

However, the consequences of truck accidents tend to be more severe. A fully loaded tractor-trailer combination can weigh up to 40 tons, while the average passenger car weighs between one and two tons. Even the largest SUVs top out at about three tons.

That massive weight difference means that the smaller automobile will usually suffer greater damage in a collision with a truck. This explains why the death in a fatal truck accident occurs to an automobile occupant 97% of the time and the truck driver only 3% of the time.

The weight difference also affects the truck’s handling. Heavier vehicles have greater momentum, so truck drivers have less ability to swerve or brake in an emergency situation. As a result, truck crashes can often involve impacts at higher speeds and more direct angles than other motor vehicle accidents.

Even in non-fatal crashes, the greater weight and ground clearance can lead to catastrophic injuries. Crashes at highway speeds with heavy trucks generate massive energy that can cause traumatic brain injuries and spinal cord injuries. Additionally, collisions in which the passenger vehicle goes under the trailer, also called underrun collisions, are often fatal.

The severity of the victim’s injuries will determine their economic damages. More severe injuries translate into higher medical bills and greater income losses. Severe injuries also warrant more compensation for non-economic losses since severe injuries cause greater pain and suffering.

Trucking Regulations and Compliance

The rules can be confusing when it comes to truck accidents because federal regulations come into play. You will need to know the hours of service allowed to truckers, how often the trucks have to be inspected and maintained and what qualifications the operators must hold, such as a commercial driver’s license.

There are state-specific regulations, too, like those regarding electronic logging devices and weight limits.

Determining Liability and Responsible Parties

Liability will depend on the cause of the crash. If the trucker was negligent, for example, they could be responsible. Examples of truck driver negligence include committing traffic violations and driving while unfit due to fatigue or intoxication.

The trucking company could be liable as well if the driver was an employee, under a doctrine called respondeat superior. Trucking companies are also responsible for their own negligent actions, such as knowingly hiring a driver with a problematic record.

If maintenance issues, loading problems or faulty truck parts caused the crash, then other parties can also be involved. For example, if a trucking company outsources repairs or maintenance tasks to outside contractors, those service providers could be liable for any negligently performed work.

Similarly, if the shipper loads the trailer, that shipper is responsible for exercising reasonable care in balancing and securing the cargo. Liability for an accident that happens due to an improperly secured load could then fall to the shipper.

Finally, manufacturers of trucks and truck parts can be strictly liable for injuries caused by defective products.

Evidence Collection, Preservation and Black Box Data

You will need a substantial amount of evidence. Black box data is particularly valuable, but it can be hard to obtain if you don’t have a Florida personal injury lawyer helping you.

Accident Reconstruction and Expert Testimony

In the most difficult cases, you will also need expert testimony. This can include testimony from accident reconstruction professionals, engineers and mechanics. Finding the right people to provide the statements that prove your claim can be tricky.

Insurance Coverage and Negotiations

Another one of the common complexities of a Florida truck accident claim you can encounter is negotiations with insurance companies. More than one party may be involved, which means juggling numerous insurers.

Florida Legal Rules, Deadlines and Negligence Standards

In Florida, you have two years to file a claim based on negligence. There could be exceptions, however.

To prove negligence in the Sunshine State, you must establish that the other party owed you a duty of care that they breached. You will then need to show that their conduct caused injuries for which you can receive compensation.

Next Steps and Getting Legal Help

After a truck accident, hiring a Florida truck accident attorney is essential. They can help you understand your rights and handle all of these complicated steps while you focus on recovering. You can expect them to assist you in gathering evidence, calculating your damages and negotiating with insurers.

Connect to a Skilled Local Attorney Today

If you’ve been in a truck accident, the team at ConsumerShield can help you connect with a dependable Florida lawyer. Contact us to learn more about our services.